Fubo wins injunction against Venu Sports streaming service

By Phil Nickinson Published August 16, 2024

Venu Sports — the upcoming streaming service that combines the events from Fox, Disney, and Warner Bros. Discovery — might not be available quite as soon as everyone believed. A federal judge on Friday granted a preliminary junction that prevents the $43-a-month service from going live. While no date for launch had been publicly announced, August 23 was the reported date, with the 2024 college football season beginning in earnest a day later.

“Today’s ruling is a victory not only for Fubo but also for consumers,” Fubo co-founder and CEO David Gandler said. “This decision will help ensure that consumers have access to a more competitive marketplace with multiple sports streaming options.”

Fubo — which began its life as a sports-heavy streaming service — saw the joint venture as an unfair business practice because Venu is to only carry sports, whereas other services are required to purchase the rebroadcast rights for additional channel bundles. (And, it argued, that pricing wasn’t equal among the competitors.)

In a joint statement, Disney, Fox, and Warner Bros. Discovery said they would appeal the ruling.

“We respectfully disagree with the court’s ruling and are appealing it,” the companies said. “We believe that Fubo’s arguments are wrong on the facts and the law, and that Fubo has failed to prove it is legally entitled to a preliminary injunction. Venu Sports is a pro-competitive option that aims to enhance consumer choice by reaching a segment of viewers who currently are not served by existing subscription options.”

When Venu was announced earlier this year, executives were quick to say that the service wasn’t intended to siphon customers from existing cable and streaming plans — something the companies all have a stake in. But Fubo disagreed, saying: “The vertically integrated media companies have engaged in a yearslong campaign to block Fubo’s innovative sports-first streaming business, resulting in significant harm to both Fubo and consumers.”

While Venu indeed would be another option for consumers, it also is pretty simple to see how someone who cares about sports could easily ditch their existing subscriptions and combine Venu with various free options and come out ahead.